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7 years 11 months ago #160433 by Gordon
Replied by Gordon on topic mandatory reassessment
Wendy

Are you sure that he has been asked to complete an ESA50 and not an ESA1?

Looking back it has been over four months since the Decision on his ESA claim was made and it is possible that the DWP no longer have the information to remake his computer record which is required for payment to happen.

If it is an ESA50 and he was found Fit for Work then there is no legal requirement for a new one to be issued, you will have to contact the DWP again and ask to speak to a manager.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #160445 by wendy2
Replied by wendy2 on topic mandatory reassessment
Definitely an ESA50 and the advisor who has been helping and will go to tribunal with him asked for confirmation on this when she phoned them this morning and said they checked with a decision maker and came back saying ESA50 had to be submitted and our concern well one of our concerns is that this lady has always been excellent and we are relying on her to attend tribunal and if we phone DWP now we risk challenging her judgement and upsetting her.But it is totally confusing and I could not understand why she was accepting it but she just said best submit ESA50 and she she has downloaded one because DWP said they would send one in post one had apparently been sent out in April I think but she said quicker to download a copy than wait for post-and we are collecting from her office tomorrow and fill it in with the same info we put in original one but put in comments page that we are only submitting it to comply with request and ensure claim is reinstated.She said main thing is to get Iain his benefit back.We are meant to hand ESA50 back into her and she will take to local Job Centre on Wednesday for them to scan through.

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7 years 11 months ago #160447 by Gordon
Replied by Gordon on topic mandatory reassessment

wendy2 wrote: Definitely an ESA50 and the advisor who has been helping and will go to tribunal with him asked for confirmation on this when she phoned them this morning and said they checked with a decision maker and came back saying ESA50 had to be submitted and our concern well one of our concerns is that this lady has always been excellent and we are relying on her to attend tribunal and if we phone DWP now we risk challenging her judgement and upsetting her.But it is totally confusing and I could not understand why she was accepting it but she just said best submit ESA50 and she she has downloaded one because DWP said they would send one in post one had apparently been sent out in April I think but she said quicker to download a copy than wait for post-and we are collecting from her office tomorrow and fill it in with the same info we put in original one but put in comments page that we are only submitting it to comply with request and ensure claim is reinstated.She said main thing is to get Iain his benefit back.We are meant to hand ESA50 back into her and she will take to local Job Centre on Wednesday for them to scan through.


Your previous posts says that your son was found Fit for Work if this is the case then he has no open claim that requires reassessment through an ESA50.

If he was not found Fit for Work then a new ESA50 is reasonable, but it has to be one of the other.

If you are reluctant to call the DWP then speak to your advisor, they should know better than to leave you in limbo about this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 11 months ago #160454 by wendy2
Replied by wendy2 on topic mandatory reassessment
Our advisor seems to think problem is because he was on SDA and this is such old benefit and has never been on ESA so when they have been asked to put him on basic ESA during appeal this has caused confusion although he got Job seekers allowance for couple weeks during MR and trouble seems to have started after that when claim made for basic ESA once tribunal appeal confirmed. but my worry is that if we fill in a new ESA50 with the old info that was put on original one about last november I think could this have an impact on him in the future and surely info on ESA50 has to be current.Oh I do not know.I thought with tribunal date set and our submission all done we were nearing end of at least one road and then this! But do you have any advice on whether it is ok to hand in a new ESA50 with the same info as original one and just putting the comment at end about this is being done to comply with DWP request to ensure claim is reinstated..And I would add that my son got letter from them about filling in new ESA50 or his money stopped about 12 April but he did not tell me so when they did not get ESA50 they wrote to say money stopped and claim closed.He just thought it must be a mistake how can I need to fill in another ESA50 and of course he should have told me but then that is one of the reasons he needs this benefit!Anyway as usual I have rambled on sorry.

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7 years 11 months ago #160456 by wendy2
Replied by wendy2 on topic mandatory reassessment
Yes he was found fit for work after face to face assessment on 16 Jan this year and we have taken it to appeal right through to tribunal which we have date for on 5 July

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7 years 11 months ago #160457 by wendy2
Replied by wendy2 on topic mandatory reassessment
I think your comment that they may not have record for him online may be true especially since he was never on ESA and was on an old benefit SDA so based on that sending off a new ESA50 but with the same info as original one sent few months ago may help jog their memory of him.All very odd but hopefully will work itself out.Thanks

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